Sangeet Lodha, J. - (1.) This writ petition is directed against order dt. 26.8.15 passed by the Assistant Commissioner, Devasthan Department, Jodhpur, whereby the application preferred by the petitioner raising objections against the reply to the objections filed by the respondent in proceedings under Sec. 18 of Rajasthan Public Trust Act, 1959 (for short "the Act"), stands rejected. The relevant facts are that second respondent filed an application under Sec. 17 of the Act, for registration of a public trust namely, Akhil Bhartiya Bhansali Samaj Seva Trust, Jodhpur, in the form prescribed under Rule 17(2) of the Rajasthan Public Trust Rules, 1962. The enquiry for registration was initiated by the Assistant Commissioner, Devasthan in terms of Sec. 18 of the Act. In response to the public notice issued by the Assistant Commissioner, Devasthan, under Sec. 18(2) of the Act, the petitioner filed objections on 21.10.13. A reply to the objections was filed on behalf of the respondent Trust on 3.7.15.
(2.) The petitioner filed an application before the Assistant Commissioner, Devasthan, inter alia raising objections against the reply filed on behalf of the Trust. The petitioner questioned the authority of one Shri Kalyan Mai Bhansali, who had filed reply on behalf of the Trust, signed by the second respondent. The petitioner objected the reply filed in english language being taken on record. That apart, the petitioner prayed that since the respondent Trust has not filed parawise reply to the objections and therefore, the objections raised by him must be deemed to be accepted. The petitioner also sought directions that the respondent Trust may be directed to file translation in hindi of the reply to the objections filed in english. In response to the objection raised as aforesaid, the second respondent filed hindi translation of the reply, which was taken on record.
(3.) After due consideration, the objections raised by the petitioner regarding non filing of parawise reply to the objections, has been rejected by the Assistant Commissioner, Devasthan by the order impugned, observing that the respondent herein cannot be compelled to file the parawise reply to the objections. The Assistant Commissioner observed that the matter is still pending enquiry and thus, till the enquiry is conducted on various issues, no further proceedings in respect to the objections can be taken. Accordingly, the application preferred by the petitioner has been rejected. Hence, this petition.;